Gerald Herbert/The Associated PressTour guide Candance Kagan, center, leads a cemetery tour through Lafayette Cemetery No. 1 in New Orleans, Tuesday. Kagan is one of several New Orleans tour guides suing the city over ordinances that require them to pass a history exam and submit to a drug test and a criminal background check.

"To these 'scholars' of constitutional law: There is a clear difference between the freedom to speak as outlined in the first amendment and the SALE of information (yes they ARE speaking) that is being performed by tour guides. If the tours were free they could do or but anything they want BUT because they are charging for a service/product that is not protected speech and therefore can be regulated. This is a waste of time and money to bring this case forward. I hope the city recovers all of their legal fees from the plaintiff because those are my tax dollars you are wasting."